Below is a copy of a portion of what is on the STB site concerning the hearing. SERVICE DATE LATE RELEASE JUNE 17, 2011 SURFACE TRANSPORTATION BOARD

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1 To ARC Membership, The Surface Transportation Board is holding a hearing this coming week on Wednesday June 22 and Thursday June 23. The purpose of the hearing is to understand the level of competition in the railroad industry. Terry Whiteside the Chairman of ARC is testifying on ARC and others behalf. He is scheduled for the IV panel on day one. If you go to the Surface Transportation Board website you will be able to view the hearings by clicking on viewing hearing. Below is a copy of a portion of what is on the STB site concerning the hearing. Mike Snovitch Executive Director of ARC ============================================================================= SERVICE DATE LATE RELEASE JUNE 17, 2011 SURFACE TRANSPORTATION BOARD DECISION Docket No. EP 705 COMPETITION IN THE RAILROAD INDUSTRY Decided: June 17, 2011

2 The Surface Transportation Board will hold a hearing on Wednesday, June 22, 2011, and Thursday, June 23, 2011, at the Board s headquarters located at 395 E Street, S.W., Washington, DC, to allow interested parties to comment on the issues in this proceeding. Due to the number of speakers and the breadth of issues the parties intend to address, the hearing will begin each day at 8:30 a.m., rather than the 9:30 a.m. start time specified in previous notices. By notice served on January 11, 2011 (January notice), the Board announced its intent to hold a public hearing on May 3, 2011, to explore the current state of competition in the railroad industry and possible policy alternatives to facilitate more competition, where appropriate. The January notice provided deadlines for submission of initial comments, reply comments, notices of intent to participate (with written testimony), and submissions by other interested persons, and noted that, although the Board planned to hold the hearing in a single day, it might extend the hearing if the number of participants or the breadth of submitted written testimony so required. By decision served on February 4, 2011, the Board granted an extension of time for the various deadlines set in the January notice, and rescheduled the public hearing from May 3, 2011, to June 22, The Board established June 10, 2011 as the deadline for submission of notices of intent to participate in the hearing. The Board again noted that, if necessary, it would extend the hearing for a second day. By notice served on June 13, 2011, the Board extended the hearing to June 23, Based on notices of intent to participate received, the Board is issuing this decision to set the schedule of speakers for the hearing. The schedule of appearances and the time provided for each party appear in the Appendix to this decision. If a party wishes to enhance its presentation by using visual displays and/or handouts of material from the record, it may do so. Parties may copy computer presentations to a Boardsupplied laptop for viewing on the hearing room s television screens. Staff will be available to demonstrate the hearing room s screen system and to assist in the copying of visual presentations onto the hearing room laptop computer on June 21, 2011, from 2:00 p.m. to 4:00 p.m. Please call (202) to make arrangements. Schedule of Speakers on following pages

3 SCHEDULE OF SPEAKERS JUNE 22, 2011 Party Time Allotted Panel I Members of Congress (to speak as they arrive) as needed Panel II Interested Parties Scott Stone, Jeffrey Moreno, Michael McBride National Industrial Transportation League Curt H. Warfel (accompanied by counsel Karyn A. Booth) 30 minutes Panel III Association of American Railroads Edward R. Hamberger, Edward A. Burkhardt, William J. Rennicke, Robert Willig, Samuel M. Sipe, Jr. 40 minutes Panel IV North Carolina Department of Transportation Jim Trogdon Panel V Alliance for Rail Competition, et al. Terry C. Whiteside National Association of Wheat Growers Wayne Hurst National Grain and Feed Association Kendell W. Keith Panel VI CSX Corporation Michael J. Ward Kansas City Southern Railway Company Michael R. Haverty, David M. Konschnik

4 Union Pacific Railroad Company James R. Young, Lance M. Fritz Panel VII Consumers United for Rail Equity Glenn English (accompanied by counsel) Western Coal Traffic League Kenneth C. Baseman, Peter A. Pfohl Concerned Captive Coal Shippers C. Michael Loftus Panel VIII American Shortline and Regional Railroad Association Richard F. Timmons, Michael Ogborn, Sharon Clark, Carl Martland 30 minutes Panel IX American Chemistry Council To be determined The Chlorine Institute, Inc. Sharon Piciacchio Panel X Transportation Communications Union/IAM Robert A. Scardelletti United Transportation Union New York State Legislative Board Gordon P. MacDougall Panel XI J.P. Morgan Securities, LLC Thomas Wadewitz Wolfe Trahan & Co. Scott Group JUNE 23, 2011

5 Party Time Allotted Panel I Ameren Corporation James A. Sobule Arkansas Electric Cooperative Corporation Jonathan Oliver Omaha Public Power District Thomas W. Wilcox 8 minutes Panel II Hub Group, Inc. David P. Yeager Intermodal Association of North America, Inc. Steven Rubin J.B. Hunt Transport Services, Inc. Paul R. Bergant Moran Industries John D. Moran, Jr. Panel III Arkema, Inc. John O Leary The Dow Chemical Company Brad Gray E.I. du Pont de Nemours and Company Gary Spitzer Occidental Chemical Corporation Robin A. Burns Olin Corporation John L. McIntosh PPG Industries, Inc. Michael H. McGarry; Karyn A. Booth Panel IV

6 BNSF Railway Company John P. Lanigan Norfolk Southern Railway Company Mark A. Manion, James A. Hixon Panel V Diversified CPC International, Inc. William A. Frauenheim, III M & G Polymers USA, LLC Fred J. Fournier United States Gypsum Company George T. Macko Panel VI Wisconsin Central Group John Duncan Varda Highroad Consulting, Ltd. Sandra J. Dearden The Mercury Group Craig S. Dickman Nevada Central Railroad Robert Alan Kemp

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